Holidays and family violence cases in New South Wales

Holidays are a great time to maintain family relationships as well as build new connections. However, it can also be a time where these relationships become strained and generate conflict.

Every year, people seek advice and representation relating to scenarios and situations that occurred during the festive period. In cases like these, it is important to have a specialist's advice, such as a divorce lawyer, at hand.

Yet, family law is highly complex and involves a multitude of parties, making family law cases difficult to administer.

What makes family law cases so complex?

While the festive season is nearly over, the number of new cases of family violence tends to stay high. According to a 2014 Guardian Article, the NSW Assistant Commissioner Mark Murdoch said that there tends to be a jump in domestic violence from October to March. As for counselling and advice providers, it is a time of increasing work.

"It's the busiest time of the year [for service providers]," Moo Baulch from Domestic Violence New South Wales said. "Domestic violence becomes a lot more visible at this time of the year."

Many people will be either charged or questioned by police in response to allegations of assault and other offences, such as intimidation and damage to property. Additionally, some will face intervention orders from the police or alleged victim in accordance with the Magistrates Court.

The difficulty associated with cases like these is that they are typically based solely on accounts and observations told to police by the person who instigated the investigation through their complaint. Intentional or otherwise, these accounts are not always accurate as people can and do leave out key details such as their own behaviour or actions. Additionally, people who were witness to the incident may stay on the sidelines.

Cases such as these can quickly become one perspective against another. This is made worse by the fact that cases can take months to reach the court system. By this time, a person's recollection of events may fade - which can be compounded by features of the holiday season, such as access to alcohol and different perspectives.

What can be done?

A client should talk to an experienced family lawyer as soon as possible. Attaining quality family advice early can help a client make decisions that can have a positive impact on their overall prospects.

Consulting with a family lawyer while memories and observations are fresh and coherent is important. Details, such as date, time and what a person said or did are crucial and can have a major effect on the outcome of any legal action.